Terms & Conditions

Terms & Conditions

Welcome to www.skelton.com.au (the Site). The Site is owned and operated by Skelton Pty Ltd (ACN 621 118 223) of PO Box 668, Elwood, Vic, 3184 (collectively ‘Skelton’, ‘Skelton Projects’, ‘we’, ‘us’ and ‘our’). The term ‘you’ refers to the person accessing or using the Site or the information services offered on this Site (Services), or the organisation on whose behalf that person accesses the Site or our Services.

These Terms and Conditions apply to the use of this Site, including the use of the Services. By accessing or using this Site, you acknowledge and warrant that you have read, understood and agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you must refrain from using the Site.

These Terms and Conditions are deemed to incorporate this Site’s privacy policy (Privacy Policy) which must be read in conjunction with these Terms and Conditions governing the use of this Site. The provisions of the Privacy Policy apply as if set out in full in these Terms and Conditions.

Changes to our Terms and Conditions

We reserve the right to update or amend these Terms and Conditions and our Privacy Policy at any time without notice by posting the changes on the Site. The current version of the Terms and Conditions and Privacy Policy displayed on this Site at the time you access or use this Site will apply each time you use our Site. You are responsible for keeping up to date of any changes by regularly reviewing these Terms and Conditions. Your continued use and access of the Site after any changes are posted will be deemed to constitute acceptance of the changes and new terms and conditions.

Site

All information provided by us at this Site is general information and is not in the nature of advice. In particular, Skelton does not hold itself out to offer any investment or financial advice. Skelton derives the information on the Site from sources which it believes to be accurate and up to date as at the date of publication. Skelton nevertheless reserves the right to update this information at any time (with or without notice to you). In addition, Skelton does not make any representations or warranties that the information provided on the Site is reliable, accurate or complete or that your access to that information will be uninterrupted, timely or secure. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through the Site.

Skelton is not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by us on the Site. To satisfy yourself that any purchase may be a satisfactory investment you should make your own inquiries and seek independent advice from relevant professionals before acting or relying on any information or material contained on our Site.

You agree to use our Site for lawful purposes only.

Proprietary rights in the Site

The entire contents and design subsisting in, relating to or arising out this Site including, but not limited to copyright, logos, trade marks, designs, text, graphics, images, video, information, applications, software, music, sound and other files, and their selection and arrangement (Site Content), are the proprietary property of Skelton, our content providers or its licensors with all rights reserved.

The Site is for your personal, non-commercial use only. No Site Content may be modified, copied, distributed, communicated, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission.

Provided that you are eligible to use the Site, you are granted a non-exclusive, non-transferable, non-sublicensable, limited licence to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact.

You may not upload or republish Site Content on any internet, intranet or extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, licence, sub-licence, reverse engineer, or create derivative works based on the Site or the Site Content or their selection and arrangement, except as expressly authorised herein.

In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose or to establish, operate or maintain your own product or service offering without our express written consent. Any use of the Site or the Site Content other than as specifically authorised herein, without the prior written permission of Skelton, is strictly prohibited and will terminate the licence granted herein. Such unauthorised use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes.

Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring any licence to intellectual property rights, whether by estoppel, implication or otherwise. This licence is revocable at any time without notice and with or without cause.

Registration

In order to receive relevant information and email communications from Skelton, you will be requested to register your details with us (Registered User). As a Registered User, you will receive special offers and information from us regarding the Site and the development;

If you choose to become a Registered User, you:

warrant to Skelton that you are 18 years of age or above;

agree to provide accurate and complete information about yourself and to keep this information up-to-date; and

agree to comply with these Terms and Conditions.

Skelton reserves the right to refuse or terminate your registration at any time and on our discretion, including if:

you register in a fraudulent or illegal manner;

you have breached these Terms and Conditions;

Skelton considers it necessary to comply with any requirements of the law;

Skelton considers that you are using the services provided on the Site in an inappropriate manner; or

you are already a Registered User.

Privacy Policy

Our Privacy policy explains how Skelton collects, uses and discloses information that pertains to your privacy. For full details, please refer to our Privacy Policy available at www.skelton.com.au.

Townhouses and Apartments Description and Prices

Images, drawings, floor plans, dimensions, sizes and areas, materials, finishes, fittings and other information displayed on this Site for townhouses or apartments are artistic impressions based on current site designs and are for illustrative purposes only. Some perspectives may have been enhanced and are subject to change.

The actual townhouses or apartments available for purchase will depend upon a range of variable factors (which may be outside our control) including, but not limited to, council building approvals and planning consent, finance, soil test and survey results, the final plans, specifications, fixtures and materials selected and the requirements of any government (state or local) body or any public, statutory, municipal or judicial body.

The prices specified for townhouses or apartments are indicative prices only and will vary depending on a number of factors including, but not limited to, the location and size of the townhouses or apartments, the number of bedrooms in the townhouses or apartments and the number, size and location of car parks sold with the townhouses or apartments. Actual layout, dimensions, locations, finishes, fixtures and fittings and price of townhouses or apartments will be specified in the final contract of sale.

Disclaimer of Liability

You agree that to the extent permitted by law neither Skelton, nor our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers shall have any liability to you under any theory of liability or indemnity in connection with your use of the Site.

No claim is made as to the accuracy of the content of the Site. Skelton, nor our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers do not accept any liability or responsibility to any person for any loss or damage, however caused (including through negligence, breach of contract or tort), which you may directly or indirectly suffer in connection with your use of this Site or any linked website, nor does Skelton accept any liability or responsibility for any such loss or damage arising out of your use of or reliance on the information or advice contained on or accessed through this Site. The information provided on the Site is provided on the basis that all persons accessing the Site undertake responsibility for assessing the relevance, suitability completeness and accuracy of its content. Skelton does not give any guarantee or warranties or make any representation of any kind, express or implied, with respect to the Site or information provided on the Site outside consumer protection laws.

Subject to claims available under consumer protection laws, neither Skelton nor its related bodies corporate (as that term is defined in the Corporations Act 2001) is liable:

for any failure or interruption of the Site or resulting from the act or omission of any other party involved in making the Site or the information contained therein available to you, or from any other cause relating to your access to or your inability to access the Site or that information, whether or not the circumstances giving rise to such cause may have been within our control or the control of any vendor providing software or services support to us; and

to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this Site or an external website. You must take your own precautions to ensure that whatever you select for use from this Site is free of viruses or anything else that may interfere with or damage the operation of your computer systems.

Australian Consumer Warranties

If these Terms and Conditions constitutes a supply of goods or services to a consumer to which the Australian Consumer Law (ACL) applies, nothing contained in these Terms and Conditions excludes, restricts or modifies any condition, guarantee, warranty, right or remedy pursuant to which the ACL confers on you which may not be lawfully excluded (or the liability of any of our affiliates) with respect of the supply of any goods or services not ordinarily acquired for personal, domestic or household use or consumption.

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:

if the breach relates to goods supplied or offered by us

the replacement of the goods or the supply of equivalent goods, or

the repair of such goods, or

the payment of the cost of replacing the goods or of acquiring equivalent goods, or

the payment of the cost of having the goods repaired; and

if the breach relates to services:

the supplying of the services again, or

the payment of the cost of having the services supplied again.

To the fullest extent permitted by law, Skelton is not liable for any indirect, consequential or special loss or damage and all representations, warranties or guarantees not expressly stated in these Terms and Conditions are excluded.

Indemnification

You agree to indemnify, defend and hold harmless us and our officers, directors, employees, agents, information providers, partners, advertisers, licensors and suppliers from and against all losses, expenses, damages and costs (including reasonable solicitor’s fees) or liability incurred or suffered by you or by Skelton where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these Terms and Conditions (including infringement of third parties’ intellectual property rights anywhere in the world or negligent or wrongful conduct) by you or any other person accessing the Site.

Third Party Rights

The provisions of Indemnification and the Limitation of Liability are for our benefit and the benefit of our officers, directors, employees, agents, partners, advertisers, information providers, licensors and suppliers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

Specific Warnings

You must ensure that your access to this Site is not illegal or prohibited by laws which apply to you.

You must take your own precautions to ensure that the process which you employ for accessing this Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. Skelton does not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Site or any linked website.

Linked websites

This Site may contain links to other websites. Those links are provided for convenience only and may not remain current or be maintained. Where the information made available on this Site contains opinions or judgements of third parties:

you acknowledge that any opinions or advice by third parties on this Site remain the responsibility of those third parties and Skelton is not responsible and does not guarantee the accuracy, completeness or usefulness of that content or its merchantability or fitness for any particular purpose;

Skelton does not purport to endorse the contents of that opinion or advice nor the accuracy or reliability of that opinion or advice; and

Skelton does not accept liability for loss or damage caused by your reliance upon any information obtained through this Site and it remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.

Responsibility for the content of any advertisements or links appearing on this Site (including hyperlinks to advertisers’ own websites) rests solely with the advertisers or operators of those linked websites. The placement of such advertisements, information, graphics, materials, products or service referred to or contained in those linked websites does not constitute a recommendation, approval or endorsement by us of the advertisers’ or third party’s products and each advertiser is solely responsible for any representations made, unless and to the extent stipulated to the contrary.

You should review the terms and conditions and privacy policy of every internet website you access or use.

Security of Information

Skelton uses its best endeavours to minimise viruses and bugs from infiltrating the Site and keeping information secure, however due to the nature of the internet, the Site may be affected by viruses or bugs from time to time and no data transmission over the internet can be guaranteed to be totally secure. Whilst Skelton strives to protect such information, Skelton does not warrant and cannot ensure the security of any information which you transmit to Skelton. Accordingly, any information which you transmit to Skelton is transmitted at your own risk. Nevertheless, once Skelton receives your transmission, Skelton will take reasonable steps to preserve the security of such information.

Termination of Access

Skelton reserves the right to monitor, suspend, restrict or terminate your access to this Site at any time without notice at our discretion. Our Privacy Policy and these Terms and Conditions will nevertheless survive any such termination, however you may no longer be authorised to access this Site. If you breach any of the Terms and Conditions, then your permission to use the Site automatically terminates.

Governing Law

These Terms and Conditions are governed by the laws in force in the State of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

General

Skelton accepts no liability for any failure to comply with these Terms and Conditions where such failure is due to circumstances beyond our reasonable control.

If Skelton waives any rights available under these Terms and Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

If any of these Terms and Conditions are held to be invalid, unenforceable or illegal for any reason, the remaining Terms and Conditions shall nevertheless continue in full force.

Questions

For further information or if you have any questions about our Terms and Conditions, please contact us on: